Report of the Consultative Group to the President of the... Special Procedures mandate holders to be appointed at the 19

advertisement
Report of the Consultative Group to the President of the Human Rights Council relating to the
Special Procedures mandate holders to be appointed at the 19th session of the Human Rights
Council
I.
Background
1. Further to Human Rights Council resolution 5/1, a Consultative Group was established to propose
to the President, at least one month before the beginning of the session in which the Council would
consider the selection of mandate holders, a list of candidates who possess the highest qualifications for
the mandates in question and meet the general criteria and particular requirements. The Members of the
Consultative Group serving in their personal capacity are H.E. Dian Triansyah DJANI, Permanent
Representative of Indonesia; H.E. Roberto FLORES BERMUDEZ, Permanent Representative of
Honduras; H.E. Peter GOODERHAM, Permanent Representative of the United Kingdom of Great Britain
and Northern Ireland, H.E. Umunna H. ORJIAKO, Permanent Representative of Nigeria and H.E. Fedor
ROSOCHA, Permanent Representative of Slovakia.
II.
Process
2. The Consultative Group held 10 formal meetings on 13, 18 (morning and afternoon) and 19
(morning and afternoon) January and 1 (morning and afternoon), 6 and 8 (morning and afternoon)
February 2012 to consider candidates for the 5 vacancies of mandate holders to be appointed at the
nineteenth session of the Council. Based on a decision of the Consultative Group, H.E. Roberto FLORES
BERMUDEZ chaired all the aforementioned meetings.
3. The Consultative Group was informed that a total of 37 candidates submitted specific applications
for the aforementioned vacancies, and the applications were made public on the designated web page of
Special Procedures as provided for in paragraph 22 (b) of Annex to Council resolution 16/21 (see annex
I).
4. The members of the Consultative Group took into consideration the technical and objective
requirements as stipulated in the annex to Council resolution 5/1, in paragraphs 39, 40, 41, 44, 45, 46, 48
and 50, as well as in Council decision 6/102. The Group also paid due attention to geographical and
gender balance in the consideration of candidates.
5. In accordance with established practice, it was decided that each member of the Consultative Group
would suggest a number of candidates based on the candidates’ qualifications, relevant experience,
expertise, independence, impartiality, personal integrity, objectivity, availability and motivation in
compliance with relevant provisions of Council resolution 5/1 and decision 6/102.
6. The Group interviewed a total of 18 shortlisted candidates, as provided for in paragraph 22 (c) of
Annex to Council resolution 16/21. The list is attached for information (see annex II). All the candidates
were interviewed either by telephone or by Skype (audio only), and were asked questions based on the
relevant provisions of Council resolutions 5/1, 16/21 and decision 6/102 as outlined above.
III.
Candidates proposed by the Consultative Group to the President
1. Special Rapporteur on the promotion of truth, justice, reparation and
guarantee of non-recurrence
7. The Consultative Group was impressed by the significant number of high quality applications for this
vacancy. The Group interviewed 5 candidates and considered that all of those interviewed demonstrated a
strong level of knowledge and experience in the different areas of the mandate. The group considered that
there were 3 candidates who performed particularly strongly and were best qualified to fulfil the mandate.
1
In light of the Group’s assessment that all 3 of the candidates performed so well and the proximity in the
Group’s consideration of the candidates’ performance, the Group unanimously recommended the 3
candidates below, without wishing to specify a clear ranking between the candidates.
Ms. Monica MCWILLIAMS (Ireland)
Ms. Yasmin Louise SOOKA (South Africa)
Mr. Pablo DE GREIFF (Colombia)
8. Ms. McWilliams has a strong human rights background with extensive experience including as Chief
Commissioner of the Northern Ireland Human Rights Commission, as a political representative in peace
negotiations and as a Professor in the Transitional Justice Institute, University of Ulster, Northern Ireland.
She has worked for many years on issues relating to transitional justice and gender based violence. She
presented a clear and convincing vision for the mandate of Special Rapporteur which focused on
engaging with states in dialogue, while maintaining a victim-centred approach. The Consultative Group
was impressed by the fact that she had worked on these issues from a diverse range of perspectives as
well as by her clear vision, motivation and diverse experience in different countries in the area relating to
the mandate. She also demonstrated clearly her ability to work with a diverse range of actors.
9. Ms. Sooka has broad and diverse experience in a variety of challenging situations, including as
Executive Director for the Foundation for Human Rights, as a human rights attorney, as a commissioner
on the South African Truth and Reconciliation Committee, as a high court judge, and as an international
commissioner to the Truth Commission in Sierra Leone. Ms. Sooka has also carried out numerous
missions on behalf of OHCHR, advising on issues of truth, justice and reparations in Ghana, TimorLeste, Burundi and Nepal as well as serving on an advisory panel providing advice to the Secretary
General of the UN regarding accountability for war crimes in Sri Lanka. The Consultative Group was
impressed by her emphasis on best practices and the importance of integrating victims’ rights and a
gender perspective in the mandate.
10. Mr. De Greiff had an impressive and authoritative command of the subject matter and a broad span of
experience over many years in Latin America, Africa, the Middle East and Asia, particularly in his role as
the Director of Research at the International Center for Transitional Justice and as a professor at
Princeton University and the State University of New York at Buffalo. He has provided technical advice
to governments, truth commissions, NGOs, civil society groups and UN organizations. The Consultative
Group took note of the clarity of his vision and his skill at articulating the issues facing the Special
Rapporteur. He gave very coherent explanations and examples, detailing his commitment and
motivation.
2. Expert Mechanism on the rights of indigenous peoples
11. The Consultative Group considered that there were 3 candidates best qualified to fulfil the mandate.
The Group unanimously recommended the following candidates according to the ranking below:
1. Mr. Danfred TITUS (South Africa, Indigenous Origin: Mixed)
2. Mr. Vital BAMBANZE (Burundi, Indigenous Origin: Batwa)
3. Ms. Nnenna ELUWA (Nigeria, Indigenous Origin: Igbo)
12. Mr. Titus has broad practical and academic experience concerning the issues covered by the mandate,
with in-depth knowledge in the areas of international human rights law and the study of language and
culture. He has worked as a law school professor and dean, as the Executive Director of the Africans
Language and Cultural Organization and as a commissioner on the South African Human Rights
2
Commission. Mr. Titus clearly expressed his vision of the mandate, emphasizing the importance of the
context of slavery and colonialism and the historic marginalization of indigenous culture in Africa. The
Consultative Group was impressed by Mr. Titus’ ability to clearly lay out his vision of the mandate, his
strong motivation and his ability to address a broad range of issues relevant to the mandate.
13. Mr. Bambanze has a strong background in indigenous issues, with international, regional and national
experience representing the interests of indigenous people. Mr. Bambanze serves as an expert for the
Expert Mechanism on the Rights of Indigenous Peoples and as a Senator representing the interests of
indigenous people to participate in government institutions and advocating for rights to land. The
Consultative Group noted his strong motivation as an advocate for indigenous people as well as the
diversity of his experience from grassroots groups, to regional bodies and the UN.
14. Ms. Eluwa has national and regional experience in Nigeria and West Africa, including work with the
Startright Educational Foundation and the Save Our Youths Campaign. She presented her vision for the
mandate with an emphasis on access to education, economic development, and improving awareness of
indigenous rights.
3. Independent Expert on the promotion of a democratic and equitable international
order
15. The Consultative Group considered that there were 3 candidates best qualified to fulfil the mandate.
The Group unanimously recommended the following candidates according to the ranking below:
1. Mr. Miloon KOTHARI (India)
2. Mr. Alfred DE ZAYAS (USA)
3. Mr. Vugar MAMMADOV (Azerbaijan)
16. Mr. Kothari demonstrated extensive knowledge of the international human rights system, with a wide
range of UN, regional body and NGO experience. Mr. Kothari’s experience as a former Special
Rapporteur, Independent Expert and civil society leader gave him valuable knowledge to carry out the
mandate. The Consultative Group was impressed by his awareness of the relevant issues, his skill in
conveying his ideas and his vision of the mandate, and his ability to work with various stakeholders.
17. Mr. De Zayas has a strong background in many areas of Human Rights Law. He is currently a
Professor of International Law at the Geneva School of Diplomacy and a visiting professor at numerous
institutions. He has had high level and long-term work experience with the United Nations human rights
mechanisms and has served as the Secretary of the Human Rights Committee.
18. Mr. Mammadov has a solid legal and medical background, with a focus on medical ethics. He has
worked in business and has a good awareness of political and economic issues relevant to the mandate.
4. Special Rapporteur on the situation of human rights in the Syrian Arab Republic
19. The Consultative Group considered that there were 3 candidates best qualified to fulfil the mandate.
The Group unanimously recommended the following candidates according to the ranking below:
1. Mr. Paulo PINHEIRO (Brasil)
2. Mr. Amin MEDANI (Sudan)
3. Mr. Steven HEYDEMANN (United States of America)
20. Mr. Pinheiro has more than 30 years of practical and academic experience in research and monitoring
human rights including as a professor, research coordinator, Commissioner and Rapporteur on Children
at the Inter-American Commission on Human Rights, and as an international advisor to the International
3
Committee of the Red Cross. He has broad UN and regional experience, including as a Special
Rapporteur on the human rights situations in Burundi and Myanmar, chair of the Independent Special
Commission of Inquiry on Timor-Leste and as a member of the UN International Commission of Inquiry
on Alleged Violations in Togo. Mr. Pinheiro also serves as a member of the UN fact finding mission in
the Syrian Arab Republic. The Consultative Group were impressed by Mr. Pinheiro’s experience, his
ability to engage States, opposition groups and civil society and his focus on the rights of victims.
21. Mr. Medani is a human rights lawyer and senior partner in a law firm in Khartoum. He held senior
positions with the UN system, including Representative in the Regional Office of the Office of the High
Commissioner for Human Rights for the Arab Regions in Beirut and Legal Advisor to the Special
Representative of the Secretary-General in Afghanistan and Legal Advisor to the Special Representative
of the Secretary-General in Iraq. He clearly articulated his vision for the mandate and demonstrated a
strong ability to work with a diverse range of actors in the field of Human Rights.
22. Mr. Heydemann is a senior advisor to the US Institute for Peace and a specialist on governance in
Syria and the Middle East. He has broad experience as an advocate of political reform, rights, and
democratization as an academic and practitioner.
5. Independent Expert on the situation of human rights in the Sudan
23. The Consultative Group considered that there were 3 candidates best qualified to fulfil the mandate.
The Group unanimously recommended the following candidates according to the ranking below:
1. Mr. Mashood BADERIN (Nigeria)
2. Mr. Makau MUTUA (Kenya)
3. Mr. Edward THOMAS (Ireland)
24. Mr. Baderin has extensive academic and in country experience as a specialist in human rights and
Islamic law, including as Head of the International Law and Human Rights Unit at the University of the
West of England, Bristol and as a visiting expert in Sudan for the UK Department for International
Development. The Consultative group was impressed by Mr. Baderin’s awareness of the issues specific
to the situation in Sudan, his ability to express a clear, focused and practical approach to the mandate and
his knowledge of the legal and cultural context. The Group remarked in particular his ability to articulate
the relationships between Islamic law and culture within Sudan.
25. Mr. Mutua has a long-standing background in human rights as both a practitioner and as an academic.
He has experience in the area of the mandate with a strong focus on non-discrimination and the equal
protection of individuals. He has drafted bills of rights and human rights legislation for governments and
founded the Kenyan Human Rights Commission. The Consultative Group remarked his strong motivation
and his diverse and high level achievements in the field of human rights.
26. Mr. Thomas has a long academic experience with a specialization in Sudanese social and legal history
as well as broad experience for the UN and NGO’s in a range of countries. He has worked in Sudan as a
childrens’ rights advisor and has experience engaging a broad range of actors, including State forces and
independent armed groups. The Consultative Group noted his expertise in Sudanese culture and law.
*****
4
Annex I List of candidates nominated by mandate
Special Rapporteur on the promotion of truth, justice, reparation and guarantee of non-recurrence
Candidates
Nationality
Mr.
Geoffrey
BIRD
Australia
Mr.
Santiago
CORCUERA-CABEZUT
México
Mr.
Pablo
DE GREIFF
Colombia
Mr.
Alfred
DE ZAYAS
United States of America
Ms.
Dora Ruth
DEL VALLE COBAR
Guatemala
Mr.
Mohab
EL SHORBAGI
Egypt
Ms.
Suzannah
LINTON
Germany
Mr.
Vugar
MAMMADOV
Azerbaijan
Ms.
Julissa
MANTILLA
Peru
Ms.
Monica
MCWILLIAMS
Ireland
Mr.
Abdelhay
MOUDDEN
Morocco
Ms.
Diane
ORENTLICHER
United States of America
Mr.
Horacio
RAVENNA
Argentina
Mr.
Ronald
SLYE
United States of America
Ms.
Yasmin Louise
SOOKA
South Africa
Expert Mechanism on the rights of indigenous peoples
Candidates
Nationality, Indigenous Origin
Mr.
Vital
BAMBANZE
Burundi, Batwa
Ms.
Nnenna
ELUWA
Nigeria, Igbo
Ms.
Patronella Phindi
MOLOPYANE
South Africa, African/Tswana
Mr.
Danfred
TITUS
South Africa, Mixed
5
Independent Expert on the promotion of a democratic and equitable international order
Candidates
Nationality
Mr.
Alfred
DE ZAYAS
United States of America
Mr.
Miloon
KOTHARI
India
Mr.
Vugar
MAMMADOV
Azerbaijan
Mr.
Jean
ZIEGLER
Switzerland
Special Rapporteur on the situation of human rights in the Syrian Arab Republic
Candidates
Nationality
Mr.
Steven
HEYDEMANN
United States of America
Mr.
Amin
MEDANI
Sudan
Mr.
Aly
MOHAMED SALEM
Mauritania
Mr.
Paulo
PINHEIRO
Brasil
Independent Expert on the situation of human rights in the Sudan
Candidates
Nationality
Ms.
Hadial
AL ASMAR
Syrian Arab Republic
Mr.
Mashood
BADERIN
Nigeria
Ms.
Karima
BENNOUNE
United States of America
Mr.
Ahmed
ELMOFTI
Sudan
Mr.
Mohab
ELSHORBAGI
Egypt
Mr.
Hassan
KAYA
Tanzania
Mr.
Mohamed
MANDOUR
Egypt
Mr.
Makau
MUTUA
Kenya
Mr.
Kiritkumar
PARMAR
India
Mr.
Edward Boyd
THOMAS
Ireland
6
Annex II List of candidates interviewed by the Consultative Group
Special Rapporteur on the promotion of truth, justice, reparation and guarantee of non-recurrence
Mr.
Mr.
Ms.
Ms.
Ms.
Santiago
Paulo
Monica
Diane
Yasmin Louise
Candidates
CORCUERA-CABEZUT
DE GREIFF
MCWILLIAMS
ORENTLICHER
SOOKA
Nationality
México
Columbia
Ireland
United States of America
South Africa
Expert Mechanism on the rights of indigenous peoples
Mr.
Ms.
Mr.
Candidates
BAMBANZE
ELUWA
TITUS
Vital
Nnenna
Danfred
Nationality, Indigenous Origin
Burundi, Batwa
Nigeria, Igbo
South Africa, Mixed
Independent Expert on the promotion of a democratic and equitable international order
Mr.
Mr.
Mr.
Candidates
DE ZAYAS
KOTHARI
MAMMADOV
Alfred
Miloon
Vugar
Nationality
United States of America
India
Azerbaijan
Special Rapporteur on the situation of human rights in the Syrian Arab Republic
Mr.
Mr.
Mr.
Candidates
HEYDEMANN
MEDANI
PINHEIRO
Steven
Amin
Paulo
Nationality
United States of America
Sudan
Brazil
Independent Expert on the situation of human rights in the Sudan
Mr.
Mr.
Mr.
Mr.
Mashood
Hassan
Makau
Edward Boyd
Candidates
BADERIN
KAYA
MUTUA
THOMAS
Nationality
Nigeria
Tanzania
Kenya
Ireland
7
Download